Solon, Donnie Ray O

Persons and Family Relations

Civil Code of the Philippines

RA 386 Passed by congress on January 26, 1949 and took effect on August 30, 1950.
Article 2 Effectivity of the Law
General Rule: Laws take effect 15 days following the completion of its publication either on
official Gazette or newspaper of general circulation
Exception: Unless otherwise provided by the law. This refers to the 15 day period and NOT to
the requirement of publication.
Note: - Publication is an indispensable requisite for its effectivity
- If the law provides a shorter or longer than the 15 day period, such provision will
prevail.
- Publication is required to satisfy Due Process of Law
Article 3 Ignorance of the Law excuses no one from compliance therewith
it is conclusive presumption that every person knows law. It should be noted that once a law
was passed by the congress and approved by the president, is published and becomes effective, the
public was put into constructive notice of the existence of such law therefore should have knowledge of
such law.
Article 3 applies only to mandatory and prohibitory laws.
Note: Article 3 was the necessary consequence of the mandatory provision that the law must be
publish. This is to satisfy the maxim “ignoratia legis non excusat”.

Article 4 – Retroactive effect of the law

Generally, Laws have no retroactive effect.
Except :
1.Unless the law otherwise provides, (it does not impair or prejudice the acquired or vested rights)
2. Curative statutes (legislature has the power to pass healing acts which do not impair obligations of
contract and does not impair vested rights.)
3. Procedural/remedial -
4. when the law is penal and favorable to the accused
Exception to the exception
1. Ex post facto laws
2. Laws that impair obligation of Contract

Article 5 – Acts executed was against the law

Acts which are contrary to mandatory or prohibitory laws are void.
Mandatory Provision of law – omission of which, renders an act or proceeding, to which it
relates generally illegal or void.
Prohibitory law – those which contain positive prohibition and are couched in the negative
terms importing that the act required shall not be done otherwise than designated,
Exception: If the law expressly provides for the validity of acts committed in violation of
mandatory or prohibitory provisions of a statute, such acts shall be considered valid.

Article 6- Rights may be waived

Solon, Donnie Ray O
Persons and Family Relations

Waiver - is the intentional relinquishment of a known right. It cannot be presumed, therefore

must be clearly and convincingly shown.
Requisite of waiver of rights
1. Existence of a right
2. Knowledge of the existence of a right
3. Intention to relinquish the right
Exception:
1. If the waiver is contrary to law, public order, public policy, morals or good customs (LPPMG)
2. If the waiver is prejudicial to a third party with a right recognized by law.

Article 7 Repeal
Repeal - Repeal of law is the legislative act of abrogating through a subsequent law the effects
of the previous statute or its portion.
Implied vs Express Repeal
Implied Repeal - takes place when a new law contains contrary to or inconsistent with those of
a former without expressly repealing them. Such repeals are not favored.
Express Repeal – literally declared by a new law, in specific term, that particular law and
provisions are named and identified and declared to be repealed, or in general provisions of the new law
declares all law or parts of law inconsistent therewith to be repealed.
Unconstitutional Statutes –

Legis interperatio legis vim obtinet – Interpretation place upon the written law by a competent court
has the force of law

Judicial decision of Supreme court – Authoritative and precedent – Setting’

Lower court – Perssuasive

When Judicial decision deemed part of the law?

The interpretation made by the Supreme court upon a law is a part of the law as of the date of
its enactment since the SC application and interpretation merely established the contemporaneous
legislative intent of the construed law to carry the effect. However, when a doctrine established by the
Court is overruled and a different view is adopted, such doctrine should apply prospectively and should
not apply to parties who had relied to the old doctrine and acted on the faith thereof

Duty of Judges
Judges are tasked with the dispensation of justice in accordance with the constitutional precept
that no person shall be deprived of life, liberty, and property without due process of law.

Judicial Legislation
Government has three great departments that has different functions and shall not encroach
each other. Article 9 of the new civil code provides that no court or judge shall decline to render
Solon, Donnie Ray O
Persons and Family Relations

judgment by reason of silence, obscurity or insufficiency of the law. Thus, legislator recognizes that in
certain instances, court “do and must legislate” to fill the gap of law.